KROSS v. KELSEY HAYES CO.


29 A.D.2d 901 (1968)

Morris Kross, Respondent, v. Kelsey Hayes Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 7, 1968


AULISI, J.

In this action for breach of warranty and negligence, appellant urges that plaintiff failed to prove either and that plaintiff was contributorily negligent as a matter of law.The record before us discloses evidence that while plaintiff was using a pair of "fence pliers" manufactured by defendant and purchased by plaintiff July, 1961, to remove staples holding barbed wire to fence poles, a steel chip from the head of the pliers chipped off and...

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